ADMINISTRATION AND PUBLIC LAW

In this practice group, we pool our expertise in construction law, zoning and sectoral planning law, procurement and administrative law, as well as in all areas of environmental law, to strategically support clients from the public and private sectors in planning and development projects. Construction projects in the public domain are challenging in many respects: numerous regulations need to be observed and different interests need to be reconciled.

Through our work for businesses, citizens, cities and communities, we understand the interests of all parties involved and can always purposefully apply these for our clients. As specialist lawyers in construction and architectural law, as well as in administrative law, our experts are doubly specialised and are well-acquainted with the subject matter.

In the course of developing a project, we will advise you in the planning, structuring and implementation of your project. We inform you of any risks early on and suggest legally and economically sensible solutions, we review your project for its need for approval or notification and ensure the expediting of the necessary planning, construction and environmental procedures. Where required, we will also defend granted authorisations against claims by third parties.

The 'Administration and Public Law' practice group advises and represents local authorities such as building and environmental agencies, project development and housing cooperatives, construction and other businesses, as well as private individuals, among others.

Key services of the practice group

Assistance with building permit proceedings and planning approval proceedings

Protection of property against government use, expropriation procedures

Enforcement of claims of public authority liability and claims for compensation

Representation in administrative and appeal proceedings before authorities and courts

Advice on questions of trade law

FIELDS OF EXPERTISE

Construction law

Urban development planning notably includes formal and content-related requirements in the process of drawing up the plans, the procedure, the possibilities for participation and legal protection, as well as the implementation and safeguarding of the planning. Sectoral planning law covers the planning of spatially-relevant projects such as roads and motorways.

Planning law particularly involves conflicts concerning pollution control laws in urban development planning (such as noise associated with sports, leisure activities, industry and traffic), environmental considerations (especially nature conservation issues) in specialist planning (such as in planning permission for roads or airports), as well as the relationship between construction planning and trade laws (such as the licensing law legitimacy of entertainment facilities).

We advise private individuals, businesses and communities on the entire planning process.

Zoning and sectoral planning law

Construction is becoming increasing complicated. Stricter regulations, increasing usage requirements and a multitude of technical possibilities make construction projects more extensive and unmanageable. It is therefore all the more important to obtain timely competent legal counsel. This is obtained from specialised specialist lawyers, who are familiar with all areas of construction and adeptly support their clients from the beginning to the end of a project.

Construction law and all other legal fields that are important in the realisation of construction projects have for decades counted among the core advisory services of our firm. Issues related to construction law often hover on the boundary between private and public law, which is why you will find specialists in both legal fields with us.

We reliably assist you in all project phases, from development, planning and implementation up to marketing of the real estate. With comprehensive legal and technical expertise, we assert your claims and rebut unfounded claims by third parties. Our experts in construction law support you not only in individual matters - such as in approval, procurement and contractual matters - but also develop comprehensive strategies on request for your legal and business success.

Our key services in construction law

Assistance in development plan procedures and in the acquisition of planning permission

Drafting and reviewing of construction and architect contracts

Legal advice throughout construction

Assessment or enforcement of warranty claims and claims for the correction of faults

Defence or enforcement of price reduction claims and claims for damages

Settlement of compensation disputes including amendments

Guiding of independent proceedings for taking of evidence as well as all other legal disputes

Development contribution law

Communities collect contributions to property owners to finance the development of a property and thus the provision of a functioning infrastructure. We offer advice in this context to communities on the collection of development contributions.

We also act on behalf of property owners in the form of:

reviewing the legality of demands for contributions in relation to the existence of a claim for payment as well as the amount of the claim.

Representation in legal disputes

Pollution control law

Pollution control law is one of the core legal fields of environmental protection. Pollution includes actions on people, animals and plants, soil, water, the earth's atmosphere, and culture, as well as other airborne contaminants that act on material goods, noise, vibrations, light, heat, radiation and similar environmental impacts.

Pollution control law has the objective of reducing potential harmful influences on humans and their environment through hazard control and preventive measures.

Our key services in pollution control law

Support in the context of pollution control law-related approval procedures

Representation in regulatory and judicial proceedings

Advice and representation for pollution control law-related effects on third parties such as neighbours

Representation of neighbours in defence against pollution control law-related effects, such as noise, smell, exhaust fumes, radiation, etc.

Environmental law

Environmental law covers several cross-sectional areas of public law. This particularly includes pollution control law, water law, recycling and waste law, nature conservation law and soil protection law.

Pollution control law primarily concerns protection against air and noise pollution in installations subject to licensing and other structures, especially traffic routes. In water law, the key issues are measures for water protection and the arrangement of water law-related uses. Recycling and waste law is defined by complex prevention, recovery and disposal. Soil protection law, which serves to safeguard and restore soil functions, intersects with many other areas of law such as water law (contamination of bodies of water), waste law (sites of toxic waste deposits), and nature conservation law (landscape conservation, agricultural land use).

We offer advice to private individuals, businesses and communities both on pre-planned uses and in the case of judicial enforcement.

Administrative law

Administrative law regulates the legal relationships of the state with its citizens.

Our firm advises private individuals, businesses and communities on matters of defence and enforcement of administrative acts, ordinances and bylaws. We represent our clients in proceedings before the administrative courts and compulsorily enforce administrative decisions.

Our key services in administrative law

Building permit proceedings

Planning approval proceedings

Demolition orders

Urban planning legislation

Licensing law

Pollution control law

Waste law (recycling and refuse law)

Water law

Water law

Water law regulations are found both in the Federal Water Act and in the state water laws.

Due to the proximity of our firm to Lake Constance, we have extensive expertise concerning the Lake Constance region and represent you both extrajudicially and before the courts.

Our key services in water law

Use of water bodies

Issues of ownership of bodies of water and waterside properties

Management of water bodies

Commercial administrative law

Commercial administrative law primarily covers the duties and issues of national and European economic administration (such as hazard control, promotion of economic development, anti-trust monitoring, economic governance), their organisation (European authorities, state administration and self-governance), instruments of action (requirements and prohibitions, subsidies, cooperative administrative action, award of public contracts, economic activity by public authorities, especially communities), and legal issues concerning privatisation.

Notable among these are trade law (such as handicraft law and licensing law), as well as the right to infrastructure-related service provision and its regulation (energy, telecommunication, transport, supply), with reference to environmental and planning law, pollution control law and infrastructure planning.

We offer advice to private individuals, businesses and communities on this broad legal field.